(i) the Apple iPhone store website (the “Apple Site”) located at http://www.apple.com/iphone/appstore/ or;
(ii) the Google Play store website (the “Google Site”) located at https://play.google.com/store?hl=en.
BookAShop is the name for BOOKASHOP LIMITED (registered in England and Wales, number 12629366).
Both we and you acknowledge that this Agreement is between us and you, and that Apple, Inc. and its subsidiaries (collectively, “Apple”) and Google, Inc. and its subsidiaries (collectively, “Google”) are not parties to this Agreement. We are solely responsible for the content of the BookAShop App.
The procedures for modifying or changing this Agreement in the future are discussed in Section 7.
This Agreement comprises of the global terms and conditions from pages  to  of this document (the “Global Terms and Conditions) and the local terms and conditions that are set out in the schedules to this Agreement from page 8 of this document (“Local Terms and Conditions”). The Global Terms and Conditions apply if you are downloading and using the BookAShop App in the United Kingdom. If you are downloading and using the BookAShop App in a country named in a schedule to the Global Terms and Conditions, the Global Terms and Conditions apply as such Global Terms and Conditions are amended by the Local Terms and Conditions set out in the schedule that is applicable to such country. The Local Terms and Conditions amend and take precedence over the Global Terms and Conditions and, in the event of any conflict or inconsistency between the Global Terms and Conditions and the Local Terms and Conditions, the Local Terms and Conditions shall apply. f you are not downloading and using the BookAShop App in the United Kingdom or in any of the countries named in the schedules to his Agreement, the Global Terms and Conditions apply.
GLOBAL TERMS AND CONDITIONS
This Agreement is conditional upon your agreement also to:
(i) the Apple Site Terms of Service http://www.apple.com/legal/internet-services/itunes/uk/terms.html with Apple (the “Apple Terms of Service”); and
(ii) the Google Site Terms of Service https://play.google.com/intl/en_uk/about/play-terms.html with Google (the “Google Terms of Service”).
Upon valid acceptance of this Agreement, you agree and understand that you are bound by the Apple Terms of Service and Google Terms of Service.
1. Your Use of the BookAShop App.
This BookAShop App permits you to use the BookAShop software application 1.0 for mobile devices, the data supplied with the software and any updates or supplements to it (“BookAShop App”) and the related online or electronic documentation (“Documentation”) and the services you connect to via the App or the BookAShop platform, including the content BookAShop provides to you through it (“BookAShop Services”), and anything that BookAShop may make available to you from time to time from your mobile device (collectively, “Device”).
Once you download the BookAShop App onto your Device and accept this Agreement, you may use the BookAShop App to use the BookAShop Services.
The BookAShop App requires a touch screen, GPS enabled mobile Device with a minimum of 1GB of memory and either an Android Operation system running v10 or later; or iOS operating system running v10.3.3.
Please read this Agreement carefully. By buying the app you agree to these terms. if you do not agree to these terms do not buy the app.
2. License Grant.
We grant you a limited, terminable, non-sublicensable, non-transferable, non-exclusive license to install and use the BookAShop App on any Device that you own or control solely:
(i) for your personal use in connection with using the BookAShop Services; and
(ii) as permitted by the Apple Terms of Service or Google Terms of Service (as applicable).
This Agreement will also govern any software upgrades and updates provided by BookAShop that replace and/or supplement the original BookAShop App, unless such upgrades or updates are accompanied by a separate license, in which case the terms of that license will govern. If you choose not to install such upgrades of updates, or if you opt out of automatic updates, you may not be able to continue using the BookAShop App and the BookAShop Services.
Neither Apple nor Google has any obligation to provide you with any updates, maintenance or support services for the BookAShop App.
3. License Restrictions and Usage Rules.
3.1 License Restrictions.
You may not use the BookAShop App on any Device that you do not own or control, and you may not distribute or make the BookAShop App available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, redistribute, or sublicense the BookAShop App.
You may not copy (except as expressly permitted by this Agreement and the usage rules described in Section 3.2), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the BookAShop App, any updates or any part thereof (except to the extent any foregoing restriction is permitted by applicable law), nor attempt to do any such things.
3.2 Usage Rules.
You acknowledge that the BookAShop App contains security technology that limits your usage of the BookAShop App to the following applicable usage rules.
Whether or not the BookAShop App is limited by security technology, you agree to use the BookAShop App in compliance with the applicable usage rules:
(i) your use of the BookAShop App is conditioned upon your prior acceptance of the terms of this Agreement;
(ii) you will be able to store the BookAShop App from up to 3 different Accounts (as defined in the Apple Terms of Service or the Google Terms of Service) on certain devices, including the Devices, at a time;
(iii) you will be able to store the BookAShop App on 3 authorized Devices at any time;
(iv) you will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service or the Google Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service or the Google Terms of Service);
(v) the delivery of the BookAShop App does not transfer to you any promotional use rights in the BookAShop App;
(vi) you shall be able to manually sync the BookAShop App from at least one authorized Device to Devices that have manual sync mode, provided that the BookAShop App is associated with an Account (as defined in the Apple Terms of Service or the Google Terms of Service) on the primary authorized Device, where the primary authorized Device is the one that was first synced with the Device, or the one that you subsequently designate as primary;
(vii) you shall not:
a. use the BookAShop App or any BookAShop Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the BookAShop App, any BookAShop Service or any operating system;
b. infringe our intellectual property rights or those of any third party in relation to your use of the BookAShop App or any BookAShop Service (to the extent that such use is not licensed by these terms);
c. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the BookAShop App or any BookAShop Service;
d. use the BookAShop App or any BookAShop Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
e. collect or harvest any information or data from any BookAShop Service or our systems or attempt to decipher any transmissions to or from the servers running any BookAShop Service.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the BookAShop App or any BookAShop Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using the BookAShop App or any of the BookAShop Services, you agree to us collecting and using technical information about the Devices you use the BookAShop App on and related software, hardware and peripherals to improve our products and to provide any BookAShop Services to you.
Certain BookAShop Services, will make use of location data sent from your Devices. You can turn off this functionality at any time by turning off the location services settings for the BookAShop App on the Device. If you use these BookAShop Services, you consent to us and our affiliates' (as applicable) and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings from within your operator settings:
Apple iOS Devices:
a) Go to Settings > Privacy > Location Services.
b) Make sure that Location Services is on.
c) Scroll down to find the app.
d) Tap the app and select an option: Never: Prevents access to Location Services information
Android Operated Devices:
a) Go to Settings > Security & location.
b) Look for the Privacy subhead, where you'll see Location. Click on that.
c) Find the “Use location” feature at the top and toggle it off
5. Third party websites.
We are not responsible for other websites that you link to. The BookAShop App or any BookAShop Service may contain links to other independent websites, including but not limited to our merchant’s websites, or website which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
6. Termination and Survival.
If you breach this Agreement, we may immediately terminate this Agreement, but all provisions of this Agreement except Section 2 (“License Grant”) will survive termination and continue in effect.
We may terminate this Agreement for any reason by giving you at least one calendar months’ notice.
Upon termination, you must delete, remove, or otherwise destroy all copies of the BookAShop App.
7. License to BookAShop of User Generated Content
By using the BookAShop App to view digital content from our servers, you are also submitting digital content viewed by you on your Device to our servers.
You agree to grant us, and thereby grant us, a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, modify, and otherwise use content viewed by you using your Device (“User Generated Content”) to make the BookAShop Service available to you and for our general business purposes.
You hereby acknowledge and agree that the use of the BookAShop App and the BookAShop Service is sufficient consideration for the grant of this license to us.
You represent, warrant, and undertake that the User Generated Content does not and will not infringe the rights (including the intellectual property rights) of any third party and shall comply with all applicable laws.
You shall indemnify BookAShop and shall keep BookAShop indemnified from and against all losses arising out of or in connection with any claim or allegation that the User Generated Content infringes all applicable laws and/or the rights (including, without limitation, the intellectual property rights) of any third party.
8. Proprietary Rights.
We reserve all intellectual property rights in the BookAShop App and the BookAShop Services, except for the rights expressly granted in this Agreement.
You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the BookAShop App.
This Agreement does not grant you any right to use the trademarks, service marks or logos of BookAShop or its licensors.
9. Modification of this Agreement.
We may need to modify this Agreement from time to time. In most circumstances the reasons for these modifications are to reflect changes in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice.
If we modify the Agreement, we will post a notice on the BookAShop website located at https://bookashop.app/terms-of-app-use, and we will alert you by email if you have given us your email address. You must click to accept the new agreement before you may continue to use the BookAShop App. If you do not wish to accept the new agreement, you may terminate this Agreement by deleting or removing the BookAShop App.
We will at our expense and option defend or settle any claim brought against you alleging that the BookAShop App or your possession and use of the BookAShop App breaches any third-party intellectual property rights. We, and not Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge of this third-party intellectual property infringement claim.
We will have no obligation with respect to any claim under Section 9.1 unless:
(i) you promptly notify us about the claim;
(ii) you allow us to have sole control of the defense and settlement of such claim; and
(iii) you provide us with reasonable assistance in connection with our defense and settlement of such claim.
10.3 Our Options.
If the BookAShop App infringes or misappropriates, or in our reasonable determination is likely to infringe or misappropriate any third party’s intellectual property rights, then we may, at our sole option and expense:
(i) obtain from the third party the right to continue to use the BookAShop App consistent with the rights granted hereunder; or
(ii) modify the BookAShop App to avoid and eliminate such infringement or misappropriation.
We will not be liable for any infringement based on:
(i) modification of the BookAShop App by anyone other than us; or
(ii) the combination of the BookAShop App with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the Software alone.
11. Disclaimer of Warranty.
The BookAShop App has been developed with, and the BookAShop Services, are provided with, reasonable care and skill. BookAShop does not make any other promises or warranties about the BookAShop App and, in particular, does not warrant that:
(i) the BookAShop App will provide uninterrupted or error-free use;
(ii) the BookAShop Services will be uninterrupted or error-free;
(iii) the BookAShop App and BookAShop Services will operate free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.
You shall be responsible for backing up your own system. We recommend that you back up any content and data used in connection with the BookAShop App regularly, to protect yourself in case of problems with the BookAShop App or the BookAShop Service.
Except as set out in Section 11 below, or in the event that you are exercising any applicable statutory right to refund or compensation, in no case shall BookAShop be liable for any loss or damage caused by the BookAShop App where:
(i) there is no breach of a legal duty of care owed to you by BookAShop;
(ii) it is not a reasonably foreseeable result of any such breach (loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen);
(iii) any increase in loss or damage results from breach by you of any term of this Agreement;
(iv) it results from a decision by BookAShop, to suspend or terminate your access to the BookAShop App or the BookAShop Service, or to take any other action during the investigation of a suspected breach or as a result of a breach, of this Agreement;
(v) it relates to loss of income, loss of business or profits, or any loss of data or corruption or interruption of data in connection with your use of the BookAShop App or the BookAShop Service;
(vi) the loss or damage is indirect; or
(vii) there are events outside our control. If our provision of the BookAShop Services or support for the BookAShop App or the BookAShop Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
The BookAShop App and the BookAShop Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the BookAShop App or the BookAShop Service. Although we make reasonable efforts to update the information provided by the BookAShop App and the BookAShop Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date.
The BookAShop App and the BookAShop Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the BookAShop App and the BookAShop Services (as described on the Apple Site or the Google Site and in the Documentation) meet your requirements.
12. Limitation of Liability.
Except as set forth in Section 11, BookAShop’s aggregate liability under this Agreement will shall be limited to the lower of the sum equal to the data cost of downloading the BookAShop App to your Device or GBP 50 / Euro 50.
13. No Limits or Exclusions
Nothing in this Agreement excludes or limits BookAShop’s liability for fraud, fraudulent misrepresentation or for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
14. Suspension of the BookAShop App and BookAShop Services
We can, at any time, suspend your use of the BookAShop App and/or BookAShop Services. We will do this if we think it is reasonably necessary because:
(a) we have concerns about the security of the BookAShop App or BookAShop Services;
(b) we are obliged to do so in order to comply with the order of a court, regulatory authority or other government body; or
(c) we reasonably believe that you are using the BookAShop App or BookAShop Services in a manner that is inconsistent with or breaches any of our, Apple’s Terms of Service, or Google’s Terms of Service and their respective usage rules.
We will usually give you advance notice of any suspension and tell you why. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this. Occasionally, we may not be able to contact you to give you advance notice.
15. Injunctive Relief.
We will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
16. Choice of Law and Jurisdiction
This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with English law.
The Parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of all disputes arising out of or in connection with this Agreement.
17. Entire Agreement.
This Agreement constitutes the entire agreement between you and us regarding the use of this BookAShop App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
18. Third Party Beneficiaries.
Any person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any terms of this Agreement.
19. Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement by providing you with notice of such assignment. If you do not wish our rights under this Agreement to be assigned to a third party, you may terminate this Agreement by providing us with written notice of the same.
23. Product Questions, Comments, Claims and Contact Information.
We, and not Apple nor Google, are responsible for addressing any questions, comments or claims relating to the BookAShop App and/or your use of the BookAShop App, including but not limited to:
(a) product liability claims;
(b) personal data claims;
(c) any claim that the BookAShop App fails to conform to any applicable legal or regulatory requirement; and
(d) claims arising under consumer protection or similar legislation.
If you have any comments or questions, please contact BookAShop at:
BOOKASHOP LIMITED (Company Number 12629366)
1-2 Berners Street
If we need to contact you, we will do so by email, by SMS or by pre-paid post (at our sole discretion), using the contact details you have provided to us.